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Code of Virginia

1

Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017

64.2-308.1Applicability; definitions 64.2-308.2Dower or curtesy abolished 64.2-308.3Elective share amount; effect of election on statutory benefits; non-domiciliary 64.2-308.4Composition of the augmented estate; marital property portion 64.2-308.5Decedent's net probate estate 64.2-308.6Decedent's non-probate transfers to others 64.2-308.7Decedent's non-probate transfers to the surviving spouse 64.2-308.8Surviving spouse's property and non-probate transfers to others 64.2-308.9Exclusions, valuation, and overlapping application 64.2-308.10Sources from which elective share payable 64.2-308.11Personal liability of recipients 64.2-308.12Proceeding for elective share; time limit 64.2-308.13Right of election personal to surviving spouse; incapacitated surviving spouse 64.2-308.14Waiver of right to elect and of other rights; defenses 64.2-308.15Protection of payors and other third parties 64.2-308.16Rights in family residence 64.2-308.17Statutory rights barred by desertion or abandonment